The post 5 Forms of Landlord Harassment first appeared on McAdams Law - Real Estate Law.
]]>Yet landlords may try to harass tenants for many reasons, especially in New York’s competitive real estate market. Often, the goal is to get you to break your lease and leave so they can raise the rent.
If your landlord is engaged in any of the following behaviors, you have the right to hold them accountable.
Landlords certainly have the right to update their buildings, but there are limits. If the renovations create unsafe conditions in your apartment, then the landlord is in violation of the warranty of habitability, and you can respond accordingly.
While landlords are allowed to offer you a buyout, they must follow certain rules.
If they fail to inform you of your rights in writing, they’re harassing you. They’re also harassing you if they threaten you, intimidate you, use obscene language, contact you repeatedly, contact you at unusual hours, contact you at work without written permission, or knowingly misrepresent any information.
Any form of threats or intimidation counts as harassment and is illegal.
There are only two reasons why a landlord can evict the tenant. The first is that the tenant has violated some term of the lease and fails to respond to a notice to cure. The second is the tenant has failed to pay the rent. They must take you to court in either case.
If the landlord threatens to evict you or attempts to evict you for any other reason, they are committing harassment.
Some landlords start ignoring repair requests in the hopes of making life unpleasant enough to prompt tenants to move out on their own. If any of those necessary repairs are covered by the warranty of habitability, they are in violation of the law.
It’s important to understand your lease and to document everything that happens between you and your landlord. If you can’t resolve the problem on your own, reach out to our law firm. We’ll be happy to help.
See also:
5 Good Habits Every Tenant Should Adopt
What to Do If Your New York Landlord Won’t Make Repairs
Tenant Eviction Defenses in New York City
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]]>The post 5 Good Habits Every Tenant Should Adopt first appeared on McAdams Law - Real Estate Law.
]]>Here are five habits that real estate lawyers like me recommend to New York tenants.
You must read your lease. First, you need to make sure there are no illegal or unenforceable clauses in there.
Second, you need to know what kinds of activities could get you slapped with a lease violation, a fine, or an eviction notice. This allows you to avoid those activities and ensures you don’t get blindsided.
Leases are definitely becoming longer and more involved in some apartment complexes, and the task is certainly daunting. Nevertheless, it’s worth it to ensure you don’t run into any avoidable trouble.
Take photos when you move in. Take photos when you move out. Take photos when something breaks and take it after the repairs.
These photos will be vital if you need to prove that certain damages were not your fault or to challenge a landlord who claims damage exists when it doesn’t. Landlords want to keep your deposit whenever they can, and they’re going to use every excuse they can to keep it.
Don’t give them any ammunition.
Did you call for a repair only to wait months to see a repairman? Write it down. Did you end up buying a new appliance and putting it in your apartment? Write down why you bought it, and keep the receipt.
Did your landlord say or do something illegal, inappropriate, or discriminatory? Keep it in your rental journal. This written record can become a vital piece of evidence in any future court case.
I touched on this above, but I just want to reiterate that if you spend money improving or repairing your apartment, you need to keep copies of the receipts. This is especially true if you had to repair your apartment because the landlord would not do so.
You want to have proof later if the landlord tries to act like you spent less than you did or denies that you paid for the repair at all.
It’s very important to stay on top of landlord-tenant law. You need to know your rights, and your rights sometimes change as New York state law changes. Landlord-tenant issues are a routine battle among lawmakers, and you need to know what’s going on.
Reading the news can be a drag, but you need to read this news. Often, leveraging the law is one of the only powers that a tenant has against a wealthy landlord. For example, a recent law allows tenants to report chronically vacant units to combat the practice of “warehousing,” in which landlords keep apartments vacant in anticipation of future rent increases.
The Real Deal covers nationwide real estate news and has an entire section dedicated to New York. The Gothamist is a non-profit newspaper covering New York City news and often covers real estate issues. The City covers real estate issues, too.
Never be afraid to call a real estate lawyer if you need help. The worst you’ll be told is that you don’t have a case. At best, you will have a case, and you’ll get the help you deserve.
Got a problem with your landlord? Contact McAdams Law today.
See also:
Can a New York Landlord Evict You for Moral Reasons?
What to Do If Your Landlord Won’t Make Repairs
How to Form a Tenant Organization in NYC
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]]>The post What You Should Know About NYC Security Deposits first appeared on McAdams Law - Real Estate Law.
]]>In addition, security deposits can serve as a barrier to moving into a new place.
Here’s what you need to know about New York security deposit law.
Rent-stabilized units may only require a security deposit equal to one month’s rent.
Non-stabilized units have no specific maximum amount.
Landlords of buildings with six or more apartments must put all security deposits into a New York bank account, earning interest at the prevailing rate. Each tenant must be informed in writing of the bank’s name and address and the amount of the deposit. Landlords may collect administrative expenses equal to 1% of the deposit, but all other interest belongs to the tenant.
Interest may be applied to rent, paid at the end of the lease, or paid to you annually.
You don’t have to wait and hope that the landlord will agree that your apartment is unblemished. Landlords must give you written notice of your right to an inspection before the end of the lease.
The landlord should document their assessment of the damage during the inspection. You then get the chance to repair the damage yourself. This is often advantageous, as some landlords don’t exactly shop around for the best deal when they plan to make repairs at a tenant’s expense. You can find lower prices or even take care of some items yourself.
In New York, landlords can’t just return security deposits whenever it suits them. They have fourteen days from the date of move-out. If the landlord feels the tenant has caused damage, they must provide an itemized list of damages and the cost to repair them.
You may request copies of receipts and invoices if you question the amounts.
If the landlord fails to do this, they’re liable for twice the amount of the deposit plus any amount wrongfully withheld.
Before a landlord can use your security deposit for unpaid rent, they must document all unpaid rent and late fees, notify you of their intent to use the security deposit for unpaid rent in writing and provide an itemized statement indicating the amount of unpaid rent deducted from the deposit.
If there is any money left over, they must return the remaining portion of the security deposit to you with this itemized statement.
If you feel your landlord has violated your rights, don’t delay. Contact our office to get help today.
See also:
What Happens When Your NYC Landlord Sells Your Apartment Building?
When is a Rent Increase Legal in NYC?
What Are Your Rights as a Month-to-Month Tenant in NYC?
The post What You Should Know About NYC Security Deposits first appeared on McAdams Law - Real Estate Law.
]]>The post What NYC Tenants Should Know About Bedbugs first appeared on McAdams Law - Real Estate Law.
]]>Here’s what you need to know.
If you have bedbugs, your landlord has 30 days to correct this problem. It’s considered a Class B violation, and they must both get rid of the infestation and keep your unit (and other affected units) from getting infected again.
It’s even possible to file a bedbug complaint online.
First, of course, you should contact your landlord. Ask them to seal any cracks or crevices leading into your home, and ask them to hire a professional pest control service. Elderly and disabled residents even have the right to ask their landlord to help them move furniture or clean clutter to address bedbug problems.
Meanwhile, you need to take your own mitigation measures—wash and dry both your clothing and your bedclothes on high heat for 30 minutes, or store them in a tightly-sealed plastic bag until you can wash them. Be aware that landlords aren’t required to reimburse you for dry cleaning or for having to replace a mattress or other piece of furniture.
If your landlord refuses to seal the cracks in your unit, you can move on to a complaint.
Sometimes landlords blame you, the tenant. And while you might have indeed accidentally brought in an infested suitcase by mistake, they’re still responsible for hiring a pest control service. You have a legal responsibility to report the bedbugs, not to try to sleuth out the source of the infestation.
If your landlord is unresponsive or won’t help because they’re dead set on blaming you, it may be time to work with a real estate lawyer. You can take your property owner to housing court to force them to stop neglecting the problem and to protect your rights if their posturing is a prelude to an eviction attempt.
You yourself might be able to make a case for constructive eviction, leaving your apartment and terminating your lease, if your landlord refuses to fix such a serious issue. Either way, it’s unwise to start taking drastic legal steps unless you’re working closely with a real estate lawyer.
Are you struggling with bed bugs at your New York apartment?
Contact our office to get help today!
See also:
What Are the Classes of Housing Violations in NYC?
What to Do If Your New York Landlord Won’t Make Repairs
Tenant Eviction Defenses in New York City
The post What NYC Tenants Should Know About Bedbugs first appeared on McAdams Law - Real Estate Law.
]]>The post What Are the Classes of Housing Violations in NYC? first appeared on McAdams Law - Real Estate Law.
]]>If they do not, they may be issued one of three types of violations.
A Class A violation is a non-hazardous violation, such as a missing peephole, a failure to place a street number on the front of the dwelling, or placing an improper seat on a toilet. When a property owner receives a Notice of Violation (NOV), they must correct a Class A problem within 90 days.
Class B violations are classified as hazardous and can include issues like leaks, holes, inadequate lighting for stairs, missing smoke detectors, or unlawful bars on the windows. Property owners must correct these problems within 30 days of receiving an NOV.
Class C violations are classified as “immediately hazardous” violations. They include inadequate heat in the winter months, the presence of rodents, peeling lead paint in homes with small children, no hot water, mold, and mildew. Property owners must correct these issues within 24 hours of receiving the NOV.
Landlords may be fined daily for a failure to respond to NOVs, or HPD may place them in an Alternative Enforcement Program (AEP). While on AEP, they are subject to regular inspections. Failure to correct conditions may result in emergency repair charges, liens, and fees.
Owners are required to notify tenants that they’ve been placed on the program by posting a sign within 15 days of receiving the notice. It must be on the building’s main entrance door or in another conspicuous location in a common area. The sign must be posted in both English and Spanish.
What should you do if you think your landlord is committing a housing violation?
Do not withhold rent without talking to an attorney first. While there are ways you may legally withhold rent, making the wrong move could result in your eviction.
For a free case review, contact McAdams Law today.
See also:
What is Heat Season in New York City?
What to Do If Your New York Landlord Won’t Make Repairs
Tenant Eviction Defenses in New York City
The post What Are the Classes of Housing Violations in NYC? first appeared on McAdams Law - Real Estate Law.
]]>The post How to Get Your Apartment's Rental History in NYC first appeared on McAdams Law - Real Estate Law.
]]>Seeing the history might also give you an idea of how often rent increases and by how much, which can help you plan for the future.
Finally, rental histories may be used to re-stabilize previously rent-stabilized apartments. You can also receive a refund for all the overpaid rent, plus interest.
A rent-stabilized apartment is an apartment that offers legal protections on how much rent may be increased and how often.
Most rent-stabilized apartments are privately owned apartments built before the year 1974, with at least six units.
Often, landlords claim apartments are not rent-stabilized when they really are. This is where getting your rental history comes in handy.
It’s easy to get your rental history. You just fill out a form with Homes and Community Renewal. You can find the form at this link.
Sometimes, HCR might not have a copy of your rent history. This would mean the apartment is probably not rent-stabilized. However, it could also mean your landlord never properly reported it.
A failure to register a rent-stabilized apartment is a crime, and a real estate lawyer like me can help you if this proves to be true in your case.
Understanding your rental history can be difficult. The non-profit organization JustFix.Org offers one helpful guide. You can also bring your rental history to a meeting with a tenant’s rights attorney and get them to look it over.
If you’ve been overcharged, you can file a complaint with DHCR, but at that point, it’s usually better to get a lawyer and to have the lawyer file a complaint on your behalf. Landlords aren’t just going to roll over and lower your rent, nor are they happily going to pay what could be years, or even decades, of overcharges.
You can expect them to fight you, and you need to be prepared to fight back and to take the right legal steps fast enough to make a difference.
The rent is too high for most of us. If you think your landlord is skirting the law, contact McAdams Law for help today.
See also:
What to Do If Your New York Landlord Won’t Make Repairs
Are You Eligible for a NYC Rent Freeze?
When Can You Seek a Rent Reduction in New York City?
The post How to Get Your Apartment's Rental History in NYC first appeared on McAdams Law - Real Estate Law.
]]>The post Can a New York Landlord Evict You for Moral Reasons first appeared on McAdams Law - Real Estate Law.
]]>Or you are a member of the LGBTQ+ community, and your landlord catches wind of your orientation. Can they drive you out of your apartment because they believe being queer is a sin?
Not in the state of New York, they can’t.
In New York, there are two reasons why a landlord may evict a tenant.
Chances are there is nothing in your lease about your orientation or activities. Fair Housing and anti-discrimination laws protect New York tenants, and such provisions wouldn’t be legal to place in a lease in the first place.
Fair Housing Laws include the federal Fair Housing Act, the New York State Human Rights Law, and the New York City Human Rights Law.
These laws protect you from discrimination based on many factors, including your sexual orientation, marital status, or partnership status, no matter what your landlord’s beliefs are regarding how those issues should be handled or conducted. If a landlord is trying to intimidate you out of your home based on any of these factors, you should contact a real estate lawyer like me ASAP. Housing discrimination is illegal, and so are discriminatory evictions.
If you find yourself in this situation, document all verbal communications and then instruct your landlord to contact you in writing only. Keep copies of every written communication. Keep receipts and photos of rent checks or other payments made to your landlord. Live within the absolute letter of all the provisions of your lease. You don’t want to give your landlord any excuse.
You may also want to consider doing some house hunting. The landlord can choose not to renew a lease without explaining why. Once you lose the protections of a lease, your landlord can ask you to move with just thirty days’ notice. While your landlord may be doing so for discriminatory reasons, it may be harder to fight the revocation of your tenancy. Nevertheless, if you have documented everything, you may have the grounds for a Fair Housing case which may offer some remedies to you. You can still file a complaint, and you may be able to sue your landlord for damages.
Don’t try to do guesswork. Housing law is complicated. If you’re having problems, reach out to our office right away.
See also:
What Are Your Rights as a Month-to-Month Tenant in NYC?
6 Provisions That Aren’t Allowed in NYC Leases
Tenant Eviction Defenses in New York City
The post Can a New York Landlord Evict You for Moral Reasons first appeared on McAdams Law - Real Estate Law.
]]>The post What is Heat Season in New York City? first appeared on McAdams Law - Real Estate Law.
]]>Those obligations include providing hot water year-round and heating during “heat season.” Heat season runs from October 1st to May 31st each year. We’re still a few months out…but knowing your rights is important before heat season begins.
For one thing, landlords in New York City frequently violate these laws. In 2019, the Department of Housing Preservation and Development received over 3,000 heat-related complaints. Many other heat-related problems go unreported every year.
Hot water must be provided at a minimum temperature of 120 degrees. Inside temperatures should be at least 68 degrees during heat season during the day and at least 62 degrees at night.
Notify your landlord in writing and request a repair. Keep a copy of all correspondence. If a dispute arises later, you want to show that you took reasonable steps to pursue a repair from the moment the heat went out.
In most NYC apartments, written notice that the heat is out is enough to spark a same-day repair.
If it’s 12 degrees or colder outside, if your landlord refuses to respond to your maintenance request, or if you’ve been waiting days for heat, you can file a complaint with the city online or call 311 to report your lack of heat. The city will begin putting pressure on your landlord to fix the problem. The city will close the complaint once you indicate the problem has been corrected. If HPD can’t reach you or the problem is not corrected, HPD will send a uniformed Code Enforcement inspector. The landlord will be sent a Notice of Violation if the inspector finds a violation.
You want to report before you take more drastic measures because reporting gives you more evidence to work with if you have to take your case to court. Plus, reporting might solve the problem.
Yes, but if you plan to take that step, you should work with a NYC landlord-tenant lawyer like me. Your landlord might countersue for non-payment of rent. You need to be ready if that happens. There are steps you can take, but you’ll want a lawyer to help you take them.
Plus, you can’t just spend that money. You need to set it aside because, eventually, the Court will set an amount to be paid. That amount could go anywhere from $0 all the way up to your full rental amount. Courts are unpredictable, so you should be ready to pay every penny.
If your attempts to get the heat on are unsuccessful this winter, don’t delay. Call McAdams Law to get help today.
See also:
What to Do if Your New York Landlord Won’t Make Repairs
Your Right to Safety as a New York Tenant
Renter’s Rights When Exposed to Toxic Mold
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]]>The post What to Do If Your New York Landlord Won't Make Repairs first appeared on McAdams Law - Real Estate Law.
]]>They also filed a lawsuit to get the landlord to address the issues.
There are even worse stories out there. Some tenants in New York City are forced to go without a stove, cooking gas, or heat. Some struggle with mold or other health hazards.
The statistics on repairs in New York City are grim. 24% of New York buildings have rodent infestations. One in six apartments have leaks. 10% don’t have heat in the winter. 16% have elevator breakdowns. 65% to 85% of housing code violations in rent-stabilized buildings remain unresolved.
Some landlords don’t make repairs because they don’t have the money. Some are hoping to drive residents out so they can renovate the property and charge higher rents or get around rent control requirements. Some are just bad, slow landlords.
Whatever the reason, you have a right to a habitable apartment, but you must tread carefully in deciding how to deal with it. Some courses of action will get your apartment fixed. Others could see you evicted.
First and foremost, know that you have protection under New York’s Warranty of Habitability laws. By law, your landlord must make certain repairs related to the apartment’s health and safety. Some damages, those caused by renters, are the responsibility of the renters.
Here are the steps you should take:
Notify your landlord that the repairs need to be made. Retain any proof of the notification. Use email, texts, or a written letter.
Try tipping the super to get the repair done.
Call the housing inspector, building inspector, or code enforcement officer if your landlord doesn’t respond. It is illegal for the landlord to retaliate because you made this call. If your landlord starts trying to evict you after you call to complain about repairs, contact a real estate lawyer right away.
Write to the landlord saying if the work isn’t done, you intend to do it and deduct the cost. Keep a copy of the letter.
Schedule parts and labor. Get receipts. When you pay the next month’s rent, include a letter with copies of the receipts (keep the originals) that tells the landlord what work you did, why, and how much it cost. Include before and after pictures. Keep copies of the pictures.
If the landlord tries to evict you after you repair and deduct or the problem is something you can’t repair on your own, it is time to reach out to a lawyer. Rent withholding is the next step, but you want to ensure you do it correctly so you don’t end up on the losing end of an eviction lawsuit. When you withhold rent, you must put it into an escrow account; you can’t spend it. It’s not free rent. If you are on a public assistance grant, you can ask the Department of Social Services to withhold the rent share.
If the building itself is a mess, you may have grounds to contact the NYC Department of Buildings.
Get Help Today
Dealing with New York landlords can be frustrating and difficult.
You don’t have to go it alone. If you’re having an issue with a New York City apartment, contact our office to get help today.
See also:
Turn Up the Heat: Your Landlord’s Obligations to Heat Your Apartment
When Can You Seek a Rent Reduction in New York City?
Your Right to Safety as a New York Tenant
The post What to Do If Your New York Landlord Won't Make Repairs first appeared on McAdams Law - Real Estate Law.
]]>The post How to Form a Tenant Organization in NYC first appeared on McAdams Law - Real Estate Law.
]]>Collective action is powerful, but marching isn’t your only option. You could also form a tenant organization to champion your interests.
In New York, tenants can form a tenant organization to protect their interests. A tenants’ organization is any organization of two or more people who band together to protect their interests.
A tenant organization is much like a labor union, except it’s made up of tenants, not workers. You don’t have to formalize your tenant’s organization, though creating by-laws and electing officers can help keep the association more organized. You don’t have to register your association, but the flip side of that is the landlord can ignore the organization (at least at first). The power of a tenant’s organization is often in taking the same actions as a collective.
A tenants’ organization can help you share legal costs, can share stories of illegal actions taken against you, and provide additional evidence of those same illegal actions. Tenant organizations may file Group HP actions to sue their landlords for repairs and services, file rent-reduction orders for decreased services or repairs, challenge MCIs, and consolidate housing court costs. Together, a tenant’s organization can force landlords to listen when they are not successful alone.
New York State law and the Constitution protect your right to form a tenant organization.
In addition, a Tenant Organization may open up new possibilities. In 1978, the Tenant Interim Lease (TIL) Program gave organized Tenant Associations in city-owned buildings the ability to develop economically self-sufficient low-income co-ops that allow tenants to purchase their apartments.
If you are already in a tenant’s organization and want to file legal action together, you’ll want to work with an experienced real estate lawyer. McAdams Law has extensive experience filing these sorts of cases and welcomes any and all tenant organizations who would like to work with the firm.
Call today to get help.
See also:
Turn Up the Heat: Your Landlord’s Obligations to Heat Your Apartment
What Happens When Your NYC Landlord Sells Your Apartment Building?
In New York, When Can Landlords Enter a Tenant’s Home?
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